VIVEK KHURANA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioner, aggrieved by the order of detention passed by the District Magistrate, Katni (the Respondent No.2 herein) dated 02/01/2020, whereby the Petitioner has been detained in exercise of power under S. 3(2) of the National Security Act, 1980 (hereinafter referred to as the "NSA") for an alleged offence committed by him under the Food Safety and Standards Act , 2006.

(2.) The brief facts of the case are as follows: On 27/05/05, the Food Inspector, Ms. Deoki Sonwani of the Food and Drug Administration, Jabalpur, holding additional charge in Katni, conducted a surprise inspection of the Petitioner's Dhaba and samples of loose chilli powder and Thums UP (carbonated beverage) was taken. The report of the Public Analyst disclosed that the sample of chilli powder was found to be misbranded and a complaint case was registered by the Food Department against the Petitioner, in the Court of the JMFC Katni, being Case No. 4433/2013, which was still pending on the date of filing the petition under judgment.

(3.) The Causa Causans for the action under the NSA against the Petitioner is a surprise inspection conducted by the Food Safety Officer at the Dhaba of the Petitioner on 07/08/2019, in which sample of 'Magaj Ke Laddu' were taken and the sample, upon being teste by the Food Analyst at the State Food Testing Laboratory, found it unsafe. The copy of the report of the Food Analyst is annexed with the petition at page 85 as Annexure P/3. The report is dated 18/10/2019. The sample is branded as unsafe for human consumption u/s. 3(1)(22)(v) of the Food Safety and Standards Act , 2006, due to the presence Metanil Yellow, a non-permitted colour.